Legal Question in Family Law in India

My husband gave me divorce on mutual consent - section 13b. after filling the petition and the period of 6months we got divorced and at the time of filling the petition custody was given to me (mother of the child / son) with the free will of my husband and visitation rights were also given to him once in three months. I did not ask for alimony and maintenance (not even a single penny).

finally got divorced on 31st March, 2012. after this my husband has sent me a legal notice on 18th July, 2012 asking for custody of my child and also he is putting allegation on me that he was alone at the time we filled the petition (whereas he was not, instead of he calling himself alone....it was me who was alone) and i pressurized him and got visitation written for once in three months.

can the compromised divorce decree be challenged on the allegations which my husband is putting on me?

He did not utter a single word during 06months after filling the petition and 03months after the decree was granted he suddenly gets to know that he was pressurized ?

what should i do? please advice. I really need to know....what is the correct thing i should do?


Asked on 8/03/12, 4:55 am

3 Answers from Attorneys

Aniruddha Pawse Aniruddha.P.Pawse Advocates

making allegations is not enough, the same are required to be proved by your husband. Don't worry.

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Answered on 8/03/12, 5:24 am

Dont worry court will not consider such foolish points.

If u want detailed consultation then you may mail your complete details at

[email protected]

Good Luck and Regards

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Answered on 8/04/12, 9:48 am
RAJIV GUPTA (Cell: +91 9811284735) [email protected]

he has a right to file custody petition and also seek visitation as he is the natural guardian. the compromise cannot over rule the law.

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Answered on 8/04/12, 9:55 am


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